City Agrees To Separate Payrollers, Politics

Mayor Harold Washington`s administration settled a federal lawsuit out of court Monday by promising not to ask or require city workers to attend politically inspired press conferences.

City attorneys, while maintaining that the press conference last month that generated the suit was a ``legitimate governmental activity,`` conceded in the agreement that the gathering might have ``given the appearance`` of violating the Shakman decree. The decree forbids, among other things, requiring city workers to engage in political activities.

The city also agreed to pay $6,620 in legal fees for the woman who filed the suit, Karen Boehning, a supporter of mayoral challenger Jane Byrne.

Boehning`s suit charged that hundreds of women employed by the city were summoned to pack a City Hall press conference during working hours Jan. 21 while administration officials rebutted Byrne claims about the lack of hiring and promotion of females by Washington. The suit alleged the action was a violation of the Shakman decree.

In reaching the out-of-court settlement, the city admitted no wrongdoing but agreed not to summon empoyees to similar press conferences in the future and also agreed to distribute a memo to department heads listing the terms of the Shakman decree.

The settlement was approved by U.S. District Court Judge Susan Getzendanner after negotiations between lawyers for the city and Boehning`s lawyer, John O. Demaret. The legal fees to be paid by the city were broken down by Demaret as $120 for filing the suit and 50 hours of preparation, negotiation and other work at $130 an hour.

Under the agreement, the city contends that ``the press conference was a legitimate governmental activity and not in violation of any laws or in violation of the (Shakman) decree.``

However, the city also stated in the agreement: ``Upon due reflection and examination of the nature of the gathering and the manner in which it was held, and upon further review of the Shakman decree, the city recognizes that the press conference may have given the appearance of violating the Shakman decree.``

Boehning states in the agreement that she ``maintains her position that (Washington`s) actions were political in nature, were held on city time and therefore constituted a violation of the Shakman decree.``

The city also agreed to post a copy of a statement in each department and to deliver a copy of the statement to department and agency heads.

The statement says in part, ``This notice is given pursuant to (the Shakman) agreement and serves to remind you that under the 1972 decree, the City of Chicago and its officers, agents, servants and employees are enjoined from directly or indirectly, in whole or in part:

``(1) knowingly causing or permitting any employee to appear at a press conference that constitutes partisan political activity during the regular working hours of his or her city employment or during time paid for by public funds;

``(2) knowingly causing or permitting any employee to do any partisan political work during the regular working hours of his or her governmental employment, or during time paid for by public funds. . . .

``Further, employees occupying positions which are not exempt from the Shakman decree may not be required or ordered to participate in partisan political activity at any time.``